UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiff,
|
|
- Peter Alexander
- 5 years ago
- Views:
Transcription
1 0 0 THOMAS A. SEAMAN, v. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Plaintiff, PRIVATE PLACEMENT CAPITAL NOTES II, LLC; ANTHONY (TONY) HARTMAN; and DOES through 0, inclusive, Defendants. Case No. -cv-00-bas-dhb ORDER GRANTING IN PART DEFENDANTS MOTION TO COMPEL ARBITRATION Before the Court is Defendants motion to compel arbitration and stay the case, or in the alternative, to transfer venue. (ECF No..) For the reasons set forth below, the motion to compel is granted in part. Arbitration proceedings will be initiated in the Southern District of California, and the Court will stay the case pending the completion of arbitration. BACKGROUND A. The Total Wealth Management Receivership Proceeding This case stems from a related SEC enforcement action ( Enforcement Action ) brought against Total Wealth Management, Inc. ( TWM ) and investment adviser Jacob Cooper, alleging fraud in violation of Sections 0(), (), and () of cv
2 0 0 the Investment Advisers Act of 0, U.S.C. 0b-(), (), and (). In the Enforcement Action, this Court issued a preliminary injunction against TWM and Cooper, and appointed Kristen Janulewicz permanent receiver of TWM and its subsidiaries and affiliates, including Altus Capital Management, LLC and the Altus Funds (collectively, the Receivership Entities or Entities ). The appointment order calls for the Receiver to recover, for the benefit of creditors and investors in the Receivership Entities, any and all assets that were owned by, or purchased with assets of, the Receivership Entities. See Preliminary Injunction and Appointment Order, SEC v. Total Wealth Management, Inc., et al., No. -cv-00-bas-dhb (S.D. Cal. Feb., 0), ECF No.. On February, 0, the Court authorized the Receiver to bring the instant claim on behalf of the Receivership Entities, including the Altus Funds, against Defendant Private Placement Capital Notes II, LLC ( PPCN ) and Anthony Hartman, the beneficial owner and managing partner of PPCN. Pursuant to this authority, on March, 0 Plaintiff Receiver Kristen Janulewicz brought this claim for damages and declaratory relief against PPCN and Hartman, alleging fraud, breach of contract, unjust enrichment, and fraudulent transfer. (Compl. ECF No..) On June, 0, Thomas Seaman was substituted as permanent receiver of the Receivership Entities, and subsequently as plaintiff in the instant case. The Receiver alleges that from approximately December 00 to February 0, the Altus Funds invested at least $,000,000 in Defendant PPCN in the form of promissory notes. (Id..) The Receiver alleges that the Altus Funds See Complaint, SEC v. Total Wealth Management, Inc., et al., No. -cv-00-bas-dhb (S.D. Cal. Feb., 0), ECF No.. The Altus Funds, which were organized by Cooper to allow investors to pool their funds, consist of the Altus Capital Opportunity Fund and the so-called Altus Series Funds: the Altus Conservative Portfolio Series, LP, the Altus Growth Portfolio Series, LP, the Altus Focused Growth Portfolio Series, LP, the Altus Income Portfolio Series, LP, the Altus Moderate Growth Portfolio Series, LP, and the Altus Moderate Portfolio Series. (Compl..) cv
3 0 0 investment constitutes at least 0 percent of all funds invested in PPCN, and that the Receivership Entities were insolvent at the time the Altus Funds invested in PPCN, or were rendered insolvent by the Altus Funds investment. (Id..) According to the Complaint, PPCN solicited investments from the Altus Funds through, among other things, the dissemination of private placement memoranda ( PPM ) and other written solicitations. (Id..) PPCN represented that its business consisted of making commercial hard money loans and acquiring distressed and commercial real property. (Id..) The PPMs explained that investments in PPCN were made through the purchase of promissory notes (the Notes ). According to the Receiver, the Altus Funds purchased at least Notes with PPCN. PPCN represented that the Notes would bear interest at an annual rate of. percent, to be paid semi-annually over a five-year term, after which investors could redeem the Notes for full repayment of principal. (Id.,.) The Receiver alleges that despite raising $,000,000 from the Altus Funds, the income derived from PPCN s investments was insufficient to satisfy PPCN s promise to pay investors annual interest at the agreed-upon rate of. percent. (Id. 0.) The Receiver claims that PPCN has paid the Altus Funds a total of approximately $,0,000 in interest, and that the value of the Altus Funds investment via the Notes, including credited interest (i.e., interest credited but not paid) is at least $,00,000 in the aggregate. (Id..) In accordance with the terms of the Notes, the Receiver sent PPCN a written redemption request relating to at least $,000,000 in Notes that had reached or exceeded their five-year maturity date. (Id. ) PPCN failed to respond, and has not returned any of the requested amount to the Receiver. The Receiver alleges that Defendants made false representations to TWM and to the Altus Funds to induce them to invest in PPCN; that PPCN breached its contractual obligations under the Notes to pay principal and interest upon maturity; that Defendants were unjustly enriched by their fraudulent conduct; and that the investments were fraudulent cv
4 0 0 transfers. (Id..) The Receiver seeks actual damages of at least $0,000,000, punitive damages, and a declaratory judgment rescinding the Notes and ordering disgorgement of funds invested in the Notes by the Altus Funds. B. The Subscription Agreement and Arbitration Clause After the Receiver filed suit, Defendants PPCN and Hartman filed the instant motion to compel arbitration and stay the action, or in the alternative, to transfer venue. (Mot. to Compel, ECF No..) Defendants argue that the Notes purchased by the Altus Funds are governed by a Purchase Questionnaire and Notice Purchase Agreement (together, the Subscription Agreement ), which contain identical arbitration clauses. That Arbitration Clause provides:. Arbitration Note Purchaser further agrees that any dispute regarding this Agreement or Note Purchaser s investment in the Company [i.e., PPCN]... including any claim which is made against any placement agent or broker-dealer involved in the offer or sale of the Note, shall be resolved by arbitration which shall be the sole forum for resolution of any such disputes. Unless otherwise agreed by the parties, any such proceedings shall be brought in Greenwood Village, Colorado pursuant to the Rules and Code of Arbitration of the America [sic] Arbitration Association, except that if a bona fide claim is made against the Company, and a placement agent or broker-dealer is named in connection with such claim, then such claim shall be brought pursuant to the Rules and Code of Arbitration of the National Association of Securities Dealers, Inc. (Mot. to Compel, Exh., -, ECF No. -.) provides: The Subscription Agreements also contain a forum selection clause that. Governing Law; Venue This Agreement shall be governed by, and construed in accordance with, the substantive laws of the State of Colorado without reference to Colorado conflict or choice of law provisions. Actions or proceedings litigated in connection with this Agreement, if any, shall be conducted exclusively in the state and federal courts located in the County of Arapahoe, State of Colorado. cv
5 0 0 (Mot. to Compel, Exh., -, ECF No. -.) Citing the Arbitration Clause, Defendants filed a motion to compel arbitration, requesting the Court to compel arbitration in Colorado, or transfer the case to Colorado pursuant to the forum selection clause. The Receiver opposes, arguing that although the Subscription Agreements contain an Arbitration Clause, the Notes themselves do not, and that it would be unconscionable to bind the Receiver to an arbitration agreement that does not appear on the face of the Notes. (ECF No..) The Receiver also contends that forcing the Receiver to litigate or arbitrate the claims in Colorado would increase the costs and burden on the Receiver and the receivership estate, ultimately harming creditors and the defrauded investors. (Id.) LEGAL STANDARD The Federal Arbitration Act ( FAA ) applies to arbitration agreements in any contract affecting interstate commerce. Circuit City Stores, Inc. v. Adams, U.S. 0, (00); U.S.C.. Under the FAA, arbitration agreements shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. U.S.C.. This provision reflects both a liberal federal policy favoring arbitration and the fundamental principle that arbitration is a matter of contract. AT&T Mobility LLC v. Concepcion, U.S., (0) (internal citations omitted). An arbitration agreement may be invalidated by generally applicable contract defenses, such as fraud, duress, or unconscionability. Rent A Center, West, Inc. v. Jackson, U.S., (00) (citation omitted). A party to an arbitration agreement may bring a motion in federal district court to compel arbitration in accordance with the terms of the agreement. U.S.C.. In deciding whether to compel arbitration, a court generally must determine two threshold issues of arbitrability: () whether there is a valid agreement to arbitrate, and () whether the agreement encompasses the dispute at issue. Brennan v. Opus Bank, F.d, 0 (th Cir. 0) (citation omitted). If there is a valid agreement to arbitrate, and that agreement covers the dispute, the court must compel cv
6 0 0 arbitration. Lifescan, Inc. v. Premier Diabetic Servs., Inc., F.d 00, 0 (th Cir. 00). Threshold issues of arbitrability are presumptively for the district court to decide. See Martin v. Yasuda, F.d, (th Cir. 0) (citations omitted). However, parties can delegate the power to decide arbitrability to the arbitrator through clear and unmistakable evidence of agreement to do so. Brennan, F.d at 0. In determining whether the parties delegated arbitrability to the arbitrator, the court applies federal arbitrability law absent clear and unmistakable evidence that the parties agreed to apply non-federal arbitrability law. Cape Flattery Ltd. v. Titan Mar., LLC, F.d, (th Cir. 0) (citation omitted). [T]he party resisting arbitration bears the burden of proving that the claims at issue are unsuitable for arbitration. Green Tree Fin. Corp. Ala. v. Randolph, U.S., (000) (citation omitted). A court must defer to arbitration unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute, and doubts should be resolved in favor of coverage. AT&T Tech, Inc. v. Commc ns Workers of Am., U.S., 0 (). A. Delegation of Arbitrability DISCUSSION The Court first addresses who an arbitrator or the Court should resolve the parties disagreement concerning the scope and validity of the Arbitration Clause. The Receiver asks the Court to find that the Arbitration Clause is either inapplicable to the dispute at issue or unenforceable due to unconscionability. Defendants emphasize that the parties agreed to arbitrate all disputes regarding the Subscription Where, as here, the parties have not provided clear and unmistakable evidence of agreement to apply non-federal arbitrability law, the question of arbitrability is determined by federal law. Nonetheless, even if the Court applied Colorado state law, the analysis would be the same. See Ahluwalia v. QFA Royalties, LLC, P.d 0, 0 (Colo. 00). cv
7 0 0 Agreement and the Altus Funds investments in PPCN, suggesting that questions regarding the validity and application of the Arbitration Clause are for the arbitrator in the first instance. As explained above, parties can delegate questions of arbitrability where there is clear and unmistakable evidence of agreement to do so. In Brennan v. Opus Bank, the Ninth Circuit held that incorporation of the American Arbitration Association ( AAA ) Rules into an arbitration agreement constitutes clear and unmistakable evidence that contracting parties agreed to arbitrate arbitrability. F.d, 0 (th Cir. 0). In dicta, the Brennan court noted that there is no requirement that the parties be sophisticated or that the contract be a commercial contract before a court may conclude that incorporation of the AAA Rules is clear and unmistakable evidence of intent to arbitrate arbitrability. Id. at 0. Here, the Arbitration Clause provides in part: Note Purchaser further agrees that any dispute regarding this Agreement or Note Purchaser s investment in the Company... shall be resolved by arbitration which shall be the sole forum for resolution of any such disputes.... [A]ny such proceedings shall be brought... pursuant to the Rules and Code of Arbitration of the America [sic] Arbitration Association[.] Neither party disputes that the reference to the Rules and Code of Arbitration of the America Arbitration Association is to the AAA Commercial Rules. Within those Rules, Rule (a) states that The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement. AAA Commercial Rule (a) (effective as of June, 00). This Rule delegates all jurisdictional questions, including arbitrability, to the arbitrator. Thus, by incorporating the AAA Rules into The October, 0 version of AAA Commercial Rule (a) similarly states: The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. cv
8 0 0 their arbitration agreement, the parties have clearly and unmistakably delegated the question of arbitrability to the arbitrator. Brennan, F.d at 0; Zenelaj v. Handybook Inc., F. Supp. d, (N.D. Cal. 0) ( The Court finds that the Parties in this case clearly and unmistakably delegated the question of arbitrability to the arbitrator when they expressly incorporated the AAA Rules into their Agreement. ). The Receiver s objections regarding the scope and validity of the Arbitration Clause must be referred to the arbitrator. B. Proper Venue for Arbitration Having found that the parties agreed to refer the question of arbitrability to the arbitrator, the Court must now determine the proper forum for the arbitration. Defendants contend that arbitration should take place in Colorado pursuant to the terms of the Arbitration Clause (Mot. to Compel : ), while the Receiver argues that under Ninth Circuit law, arbitration must take place in the Southern District of California (Opp n : ). The resolution of this issue is not as clear-cut as it may seem. The problem stems from language within the FAA that, in certain cases, leads to contradictory conclusions regarding the proper forum for arbitration. Section of the FAA provides that upon being satisfied that the making of the agreement for arbitration or the failure to comply therewith is not in issue, the court shall make an order directing the parties to proceed to arbitration in accordance with the terms of the agreement. U.S.C. (emphasis added). Here, the terms of the agreement call for arbitration in The Receiver requests that if the Court finds the Arbitration Clause applicable to the Notes, the Receiver be given leave to amend his Complaint to allege that the Arbitration Clause was procured by fraud. This request is misplaced, and in any event, would not change the Court s analysis. Here, the parties have clearly and unmistakably delegated questions regarding the existence, scope, and validity of the Arbitration Clause to the arbitrator in the first instance. Only if the Receiver were challenging the validity of the delegation provision itself would the Court address the Receiver s fraudulent inducement challenge. See Brennan, F.d at (citing Rent-A-Center, U.S. at ). He has not done so. Because the Receiver challenges the entire Arbitration Clause, rather than the delegation provision specifically, the validity and enforceability of the Arbitration Clause is a matter for the arbitrator. Id. cv
9 0 0 Colorado. However, also states that [t]he hearing and proceedings, under such agreement, shall be within the district in which the petition for an order directing such arbitration is filed. U.S.C. (emphasis added). Here, that district is the Southern District of California. Thus, the plain language of the FAA presents a dilemma where the terms of the arbitration agreement provide for arbitration in one location (here, Colorado), but the motion to compel was filed in a different location (here, the Southern District of California). The Ninth Circuit resolved this dilemma in a decision in Continental Grain Co. v. Dant & Russell, F.d (th Cir. ). In Continental Grain, the court held that the right of arbitration is limited to the district in which the motion to compel is filed. Id. at. The Continental Grain court explained that because private arbitration agreements could not be enforced prior to the passage of the FAA, section s requirement that arbitration be held in the district in which the motion to compel was filed should be read as a condition that Congress placed on the right to enforce private arbitration agreements in federal court. Id. at. More recent Ninth Circuit decisions have indirectly confirmed the Continental Grain holding, see, e.g., Textile Unlimited, Inc. v. A..BMH & Co., Inc., 0 F.d, (th Cir. 00) (stating that by its terms, section... confines the arbitration to the district in which the petition to compel is filed ), and district courts in this Circuit regularly find that section of the FAA limits a court to ordering arbitration within the district in which the petition to compel was filed. Bencharsky v. Cottman Transmission Sys., LLC, F. Supp. d, (N.D. Cal. 00) (holding that Continental Grain required the court to compel arbitration in the Northern District of California even though the parties designated Pennsylvania as the forum for arbitration); Homestead Lead Co. of Mo. v. Doe Run Res. Corp., F. Supp. d (N.D. Cal. 00) (following Continental Grain and compelling arbitration in the Northern District of California even though the parties designated Missouri as the arbitration forum), but see Lexington Ins. Co. v. Centex Homes, F. Supp. d 0 (D. Haw. 0) (opting cv
10 0 0 to transfer the case to the forum specified in the parties arbitration agreement, rather than grant the motion to compel, because Continental Grain would have required the court to override the parties contractually-designated arbitration forum). To be sure, there are drawbacks to the Ninth Circuit s interpretation of section. Foremost among them is that a party may avoid arbitrating in the agreed upon forum simply by filing suit in a different district. As the Seventh Circuit noted, requiring arbitration to be held in the district in which a motion to compel is filed could lead to the parties racing to different courthouses to obtain what each thinks is the most convenient forum for it, in disregard of its contractual obligations. Snyder v. Smith, F.d 0, 0 (th Cir. ). For this and other reasons, other circuits have rejected the Ninth Circuit s approach and instead have held that a district court lacks authority to compel arbitration in its own district if the arbitration agreement specifies a different district. See, e.g., Ansari v. Qwest Commc ns Corp., F.d, 0 (0th Cir. 00) (outlining approaches of various circuit courts of appeal). This approach gives primacy to the parties contractually-designated arbitration forum. Although skepticism of the Continental Grain approach is fair, the case remains controlling authority in this Circuit. Homestead Lead Co., F. Supp. d at ( Absent new guidance from the Ninth Circuit... the court is precluded from ordering arbitration in the contractually-designated forum[.] ). Thus, the Court is limited to ordering arbitration in the district in which the motion to compel was brought that is, the Southern District of California. Accordingly, the Court grants Defendants motion to compel arbitration, but will require arbitration proceedings to be initiated in the Southern District of California. C. Motion to Transfer Venue under U.S.C. 0(a) Finally, Defendants request that if the Court does not compel arbitration in Colorado, the Court transfer the case to the District of Colorado pursuant to the forum selection clause in the Subscription Agreement. (Mot. to Compel : 0:.) The 0 cv
11 0 0 Receiver argues that transferring the case to the District of Colorado would dissipate the assets of the receivership estate, leaving less funds available to the creditors and defrauded investors. (Opp n 0:.) Under U.S.C. 0(a), a party may seek to transfer a case to any other district or division where it might have been brought or... to which all parties have consented. In considering a motion to transfer under 0(a), the court considers public factors relating to the interest of justice and private factors relating to the convenience of parties and witnesses, and decides whether the balance of factors favors transfer. Atlantic Marine Const. Co., Inc. v. U.S. Dist. Court for W. Dist. of Tex., S. Ct., (0). However, the analysis changes where a party brings a 0(a) motion based on a valid forum selection clause. Where, as here, a 0(a) motion is premised on a valid forum selection clause, the court disregards entirely the plaintiff s choice of forum and the parties private interests, and instead considers only public interest factors. Id. at. Such factors may include the administrative difficulties flowing from court congestion and any local interest in the controversy. Id. at, n. (citation omitted). In Atlantic Marine, the Supreme Court emphasized that public interest factors will rarely defeat a transfer motion, and that forum-selection clauses should control except in unusual cases. Id. at. Plaintiff bears the burden of showing that transfer to the contractually-designated forum is unwarranted. Id. at. The Court finds this is the rare and unusual case where public interest factors defeat transfer to the contractually-designated forum. First, transferring this case to the District of Colorado would run counter to the core purpose of a federal The Receiver argues unconvincingly that the forum selection clause is irrelevant to this dispute. (Opp n.) This falls far short of the requisite strong showing needed to find a forum selection clause invalid. M/S Bremen v. Zapata Off-Shore Co., 0 U.S., (). Therefore, the Court finds the forum selection clause valid and proceeds accordingly. cv
12 0 0 receivership to preserve assets for the benefit of creditors and defrauded investors. See SEC v. Wencke, F.d, n. (th Cir. ) ( The primary purpose of allowing courts to establish receiverships in securities fraud actions is to prevent further dissipation of the assets of the defrauded investors[.] ). As the Receiver correctly notes, an order by this Court directing the parties to litigate or arbitrate this case in Colorado would increase the expense and burden on the Receiver and thereby decrease the funds available to investors and creditors. The Receiver has been duly appointed to serve an important public function; forcing him to incur expenses that would ultimately be drawn from assets of the receivership estate would substantially undermine that function. Second, the Southern District of California has a strong local interest in this controversy. The SEC Enforcement Action from which this case stems was filed in this District. The Receivership Entities principal places of business are in this District. The largest concentration of defrauded investors is in this District. The Court raises these points not to suggest this District is a more convenient forum, but rather to emphasize that the fallout and damage from the alleged fraudulent conduct is overwhelmingly concentrated in this District, as opposed to the District of Colorado. Under the circumstances presented here, the Court finds that this District s interest in protecting creditors and local investors substantially outweighs Colorado s interest in regulating Defendants conduct. In sum, although public interest factors will only rarely defeat a 0(a) motion to transfer based on a forum selection clause, the Court finds that the relationship of this case to the Total Wealth Management receivership proceeding, the need to protect and preserve the assets of defrauded investors, and the strong local interest in the controversy, demonstrate that a transfer to the contractually-designated Convenience of parties and witnesses is a private interest consideration that is irrelevant to a 0(a) analysis involving a forum selection clause. Atlantic Marine, S. Ct. at. cv
13 0 0 forum of Colorado is unwarranted. D. Stay or Dismissal The FAA provides that when the claims asserted by a party are referable to arbitration, the court shall stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement. U.S.C.. However, [w]here an arbitration clause is broad enough to cover all of a plaintiff s claims, the court may compel arbitration and dismiss the action. Hopkins & Carley, ALC v. Thomson Elite, No. 0 CV 00 LHK, 0 WL, at * (N.D. Cal. Apr., 0). Here, the threshold issue of arbitrability has yet to be determined. Thus, since there is at least a possibility the arbitrator may find the claims unsuitable for arbitration, the Court will stay rather than dismiss this case. Capelli Enters., Inc. v. Fantastic Sams Salons Corp., No. :-cv-00-ejd, 0 WL 0, at * (N.D. Cal. Jan., 0). CONCLUSION For the foregoing reasons, the Court GRANTS IN PART Defendants motion to compel arbitration and STAYS further judicial proceedings pending completion of arbitration. Arbitration proceedings will be initiated in the Southern District of California. The parties are instructed to submit a joint status report to the Court within ninety days of the date of this Order, and additional joint status reports every ninety days thereafter, apprising the Court of the status of the arbitration proceedings. Upon completion of the arbitration proceedings, the parties shall jointly submit to the Court, within fourteen days, a report advising the Court of the outcome of the arbitration, and a request that the case be dismissed or reopened. The Clerk is instructed to administratively close the file. Dees v. Billy, F.d 0 (th Cir. 00) (holding that an order administratively closing a case removes the case from the court s active docket, but has no jurisdictional effect). // cv
14 0 0 // // IT IS SO ORDERED. DATED: March, 0 cv
Case 6:14-cv CEM-TBS Document 31 Filed 01/16/15 Page 1 of 10 PageID 1331
Case 6:14-cv-01400-CEM-TBS Document 31 Filed 01/16/15 Page 1 of 10 PageID 1331 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION MARRIOTT OWNERSHIP RESORTS, INC., MARRIOTT VACATIONS
More informationCase: 4:15-cv JAR Doc. #: 21 Filed: 08/05/16 Page: 1 of 13 PageID #: 302
Case: 4:15-cv-01361-JAR Doc. #: 21 Filed: 08/05/16 Page: 1 of 13 PageID #: 302 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION TIMOTHY H. JONES, Plaintiff, v. No. 4:15-cv-01361-JAR
More informationCase 1:16-cv NRB Document 46 Filed 01/30/17 Page 1 of 10
Case 1:16-cv-02578-NRB Document 46 Filed 01/30/17 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------X RONALD BETHUNE, on behalf of himself and all
More informationCase 1:15-cv SPW Document 47 Filed 04/05/16 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION
Case 1:15-cv-00084-SPW Document 47 Filed 04/05/16 Page 1 of 17 GALILEA, LLC, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION Plaintiff, CV 15-84-BLG-SPW FILED APR 0 5
More informationCase 4:16-cv ALM-CAN Document 55 Filed 04/11/17 Page 1 of 9 PageID #: 412
Case 4:16-cv-00703-ALM-CAN Document 55 Filed 04/11/17 Page 1 of 9 PageID #: 412 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION DALLAS LOCKETT AND MICHELLE LOCKETT,
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA
Case 5:17-cv-00411-R Document 17 Filed 06/20/17 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA OPTIMUM LABORATORY ) SERVICES LLC, an Oklahoma ) limited liability
More informationCase 3:17-cv EDL Document 53 Filed 11/17/17 Page 1 of 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Case :-cv-0-edl Document Filed // Page of UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MARCELLA JOHNSON, Plaintiff, v. ORACLE AMERICA, INC., Defendant. Case No.-cv-0-EDL ORDER GRANTING
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiff,
Case :-cv-000-mma-ksc Document Filed // PageID. Page of 0 0 ANTHONY OLIVER, v. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Plaintiff, FIRST CENTURY BANK, N.A., and STORED VALUE CARDS,
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA. San Francisco Division INTRODUCTION
United States District Court PETE PETERSON, v. LYFT, INC., Plaintiff, Defendant. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division INTRODUCTION Case No. -cv-0-lb ORDER
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. D.C. Docket No.
Case: 15-12066 Date Filed: 11/16/2015 Page: 1 of 12 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 15-12066 Non-Argument Calendar D.C. Docket No. 1:12-cv-01397-SCJ
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. -cv-0-blf 0 ASUS COMPUTER INTERNATIONAL, et al., v. Plaintiffs, INTERDIGITAL, INC., et al., Defendants. ORDER ()
More informationCase 2:18-cv RLR Document 25 Entered on FLSD Docket 02/06/2019 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case 2:18-cv-14419-RLR Document 25 Entered on FLSD Docket 02/06/2019 Page 1 of 7 GEICO MARINE INSURANCE COMPANY, et al., v. Plaintiffs, TREASURE COAST MARITIME, INC., doing business as SEA TOW TREASURE
More informationUNITED STATES DISTRICT COURT DISTRICT OF HAWAII
WDCD, LLC v. istar, Inc. Doc. 31 UNITED STATES DISTRICT COURT DISTRICT OF HAWAII WDCD, LLC, A HAWAII LIMITED LIABILITY COMPANY, vs. Plaintiff, istar, INC., A MARYLAND CORPORATION, Defendant. CIV. NO. 17-00301
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN BRETT DANIELS and BRETT DANIELS PRODUCTIONS, INC., Plaintiffs, v. Case No. 15-CV-1334 SIMON PAINTER, TIMOTHY LAWSON, INTERNATIONAL SPECIAL ATTRACTIONS,
More informationCase 2:12-cv GP Document 27 Filed 01/17/13 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Case 2:12-cv-02526-GP Document 27 Filed 01/17/13 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA SUE VALERI, : Plaintiff, : CIVIL ACTION v. : : MYSTIC INDUSTRIES
More informationUNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA MEMORANDUM. Frango Grille USA, Inc. v. Pepe s Franchising Ltd., et al.
Case No. CV 14 2086 DSF (PLAx) Date 7/21/14 Title Frango Grille USA, Inc. v. Pepe s Franchising Ltd., et al. Present: The Honorable DALE S. FISCHER, United States District Judge Debra Plato Deputy Clerk
More informationUNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Bryan Grigsby et al v. DC 4400 LLC et al Doc. 42 UNITED STATES DISTRICT COURT Present: The Honorable CHRISTINA A. SNYDER Catherine Jeang Laura Elias N/A Deputy Clerk Court Reporter / Recorder Tape No.
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Randazzo Enterprises, Inc. v. Applied Underwriters Captive Risk Asssurance Company, Inc. Doc. United States District Court 0 RANDAZZO ENTERPRISES, INC., a California corporation, v. Plaintiff, APPLIED
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA
Case 5:15-cv-01180-D Document 25 Filed 06/29/16 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ASHLEY SLATTEN, et al., ) ) Plaintiffs, ) ) vs. ) Case No. CIV-15-1180-D
More informationCase 3:17-cv MPS Document 28 Filed 02/08/18 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
Case 3:17-cv-01586-MPS Document 28 Filed 02/08/18 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ASHLEY BROOK SMITH, Plaintiff, No. 3:17-CV-1586-MPS v. JRK RESIDENTIAL GROUP, INC., Defendant.
More informationCase 0:13-cv JIC Document 33 Entered on FLSD Docket 02/15/2013 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case 0:13-cv-60066-JIC Document 33 Entered on FLSD Docket 02/15/2013 Page 1 of 9 ABRAHAM INETIANBOR, v. Plaintiff, CASHCALL, INC., Defendant. / UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
More informationCase 5:16-cv EJD Document 31 Filed 08/26/16 Page 1 of 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Case :-cv-00-ejd Document Filed 0// Page of UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CAPELLI ENTERPRISES, INC., et al., v. Plaintiffs, FANTASTIC SAMS SALONS CORPORATION,
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII ) ) ) ) ) ) ) ) ) ) ) )
Snyder v. CACH, LLC Doc. 39 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII MARIA SNYDER, vs. Plaintiff, CACH, LLC; MANDARICH LAW GROUP, LLP; DAVID N. MATSUMIYA; TREVOR OZAWA, Defendants.
More informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION CHASON ZACHER, ) ) Plaintiff, ) ) No. 17 CV 7256 v. ) ) Judge Ronald A. Guzmán COMCAST CABLE COMMUNICATIONS )
More informationUNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Case 2:17-cv-08503-PSG-GJS Document 62 Filed 09/05/18 Page 1 of 7 Page ID #:844 Present: The Honorable Philip S. Gutierrez, United States District Judge Wendy Hernandez Deputy Clerk Attorneys Present for
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA INTRODUCTION
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 0 YANA ZELKIND, Plaintiff, v. FLYWHEEL NETWORKS, INC., Defendant. Case No. -cv-0-who ORDER GRANTING MOTION TO COMPEL ARBITRATION AND STAY ACTION
More informationCase 4:13-cv TSH Document 20 Filed 10/24/13 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS
Case 4:13-cv-40067-TSH Document 20 Filed 10/24/13 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS MELISSA CYGANIEWICZ, Plaintiff, CIVIL ACTION v. No. 13-40067-TSH SALLIE MAE, INC., Defendant.
More informationCase 0:13-cv JIC Document 16 Entered on FLSD Docket 01/24/2013 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case 0:13-cv-60066-JIC Document 16 Entered on FLSD Docket 01/24/2013 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 13-60066-CIV-COHN-SELTZER ABRAHAM INETIANBOR Plaintiff,
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiff,
Case :-cv-000-mma-ksc Document Filed 0// PageID.0 Page of 0 0 ANTHONY OLIVER, v. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Plaintiff, FIRST CENTURY BANK, N.A, and STORED VALUE CARDS,
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Alvarado v. Lowes Home Centers, LLC Doc. United States District Court UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 0 JAZMIN ALVARADO, Plaintiff, v. LOWE'S HOME CENTERS, LLC, Defendant.
More informationThe Supreme Court will shortly be considering
Arbitration at a Cross Road: Will the Supreme Court Hold the Federal Arbitration Act Trumps Federal Labor Laws? By John Jay Range and Bryan Cleveland The Supreme Court will shortly be considering three
More informationSports & Entertainment Management, LLC ("Paramount") and Counterclaim Defendant Alvin
Case 2:18-cv-00412-RAJ-RJK Document 19 Filed 12/07/18 Page 1 of 7 PageID# 235 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division PARAMOUNT SPORTS & ENTERTAINMENT
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ABBVIE INC., Case No. -cv-0-emc United States District Court 0 v. Plaintiff, NOVARTIS VACCINES AND DIAGNOSTICS, INC., et al., Defendants. REDACTED/PUBLIC
More informationCase 1:17-cv NT Document 17 Filed 05/14/18 Page 1 of 12 PageID #: 61 UNITED STATES DISTRICT COURT DISTRICT OF MAINE ) ) ) ) ) ) ) ) ) )
Case 1:17-cv-00422-NT Document 17 Filed 05/14/18 Page 1 of 12 PageID #: 61 UNITED STATES DISTRICT COURT DISTRICT OF MAINE EMMA CEDER, V. Plaintiff, SECURITAS SECURITY SERVICES USA, INC., Defendant. Docket
More informationORDER. of Am. Compi. [#3] J In order to use this service, Plaintiff agreed to Defendants' Background
Case 1:16-cv-01058-SS Document 30 Filed 02/03/17 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION '3 iih:39 YVETTE HOBZEK, individually and on behalf of
More informationCase 3:07-cv Document 38 Filed 12/28/2007 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION
Case 3:07-cv-00615 Document 38 Filed 12/28/2007 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DONALD KRAUSE, Plaintiff, Civil Action No. 3:07-CV-0615-L v.
More informationUNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. Plaintiff, Defendants.
CASE 0:17-cv-05009-JRT-FLN Document 123 Filed 02/27/18 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA MANAGEMENT REGISTRY, INC., v. Plaintiff, A.W. COMPANIES, INC., ALLAN K. BROWN, WENDY
More information2:13-cv NGE-PJK Doc # 18 Filed 07/30/14 Pg 1 of 6 Pg ID 125 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
2:13-cv-15065-NGE-PJK Doc # 18 Filed 07/30/14 Pg 1 of 6 Pg ID 125 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION AJAY NARULA, Criminal No. 13-15065 Plaintiff, Honorable Nancy
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE TOMMY D. GARREN, ) ) Plaintiff, ) Case No. 3:17-cv-149 ) v. ) Judge Collier ) CVS HEALTH CORPORATION, et al. ) Magistrate Judge Poplin
More informationJ S - 6 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA. CASE NO. CV JST (FMOx) GLOBAL DÉCOR, INC. and THOMAS H. WOLF.
Case :-cv-00-jls-fmo Document Filed 0// Page of 0 Page ID #: 0 0 GLOBAL DÉCOR, INC. and THOMAS H. WOLF vs. Plaintiffs, THE CINCINNATI INSURANCE COMPANY, Defendant. UNITED STATES DISTRICT COURT CENTRAL
More informationCase5:12-cv EJD Document54 Filed02/15/13 Page1 of 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Case:-cv-0-EJD Document Filed0// Page of 0 0 LIBERTY CITY CHURCH OF CHRIST, INC.; MARY DINISH; KAUISHA SMITH; LARRY RUCKS; and ROBERT BURKE, individually and on behalf of a class of similarly situated
More informationBell Prods. v. Hosp. Bldg. & Equip. Co.
No Shepard s Signal As of: January 26, 2017 12:14 PM EST Bell Prods. v. Hosp. Bldg. & Equip. Co. United States District Court for the Northern District of California January 23, 2017, Decided; January
More informationR. Teague, Jerko Gerald Zovko and Wesley J. K. Batalona [collectively, "Decedents"]. These
Case 2:06-cv-00049-F Document 13 Filed 04/20/2007 Page 1 of 10 BLACKWATER SECURITY CONSULTING, LLC and BLACKWATER LODGE AND TRAINING CENTER, INC., Petitioners, RICHARD P. NORDAN, as Ancillary Administrator
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN. Plaintiff, v. Case No. 18-CV-799 DECISION AND ORDER
Brilliant DPI Inc v. Konica Minolta Business Solutions USA Inc. et al Doc. 44 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN BRILLIANT DPI, INC., Plaintiff, v. Case No. 18-CV-799 KONICA MINOLTA
More informationG.G. et al v. Valve Corporation Doc. 30 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE
G.G. et al v. Valve Corporation Doc. 0 THE HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 0 G.G., A.L., and B.S., individually and on behalf of all
More informationCase 3:08-cv HA Document 43 Filed 05/26/09 Page 1 of 12 Page ID#: 555
Case 3:08-cv-01178-HA Document 43 Filed 05/26/09 Page 1 of 12 Page ID#: 555 Amy R. Alpera, OSB No. 840244 Email: aalpern@littler.com Neil N. Olsen, OSB No. 053378 Email: nolsen@littler.com LITTLER MENDELSON,
More informationJeffrey Podesta v. John Hanzel
2017 Decisions Opinions of the United States Court of Appeals for the Third Circuit 3-27-2017 Jeffrey Podesta v. John Hanzel Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2017
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Freaner v. Lutteroth Valle et al Doc. 1 ARIEL FREANER, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA CASE NO. CV1 JLS (MDD) 1 1 vs. Plaintiff, ENRIQUE MARTIN LUTTEROTH VALLE, an individual;
More informationChicken or Egg: Applying the Age- Old Question to Class Waivers in Employee Arbitration Agreements
Chicken or Egg: Applying the Age- Old Question to Class Waivers in Employee Arbitration Agreements By Bonnie Burke, Lawrence & Bundy LLC and Christina Tellado, Reed Smith LLP Companies with employees across
More informationConsumer Class Action Waivers Post-Concepcion
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Consumer Class Action Waivers Post-Concepcion Law360,
More informationCase: 5:17-cv SL Doc #: 22 Filed: 12/01/17 1 of 9. PageID #: 1107 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Case: 5:17-cv-01695-SL Doc #: 22 Filed: 12/01/17 1 of 9. PageID #: 1107 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION BOUNTY MINERALS, LLC, CASE NO. 5:17cv1695 PLAINTIFF, JUDGE
More informationCase 3:11-cv RJB Document 95 Filed 10/24/11 Page 1 of 14
Case :-cv-00-rjb Document Filed // Page of UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA ROSITA H. SMITH, individually and on behalf of all similarly situated Washington State Residents,
More informationCase 1:15-cv ILG-RML Document 26 Filed 02/08/17 Page 1 of 6 PageID #: 134
Case 1:15-cv-07261-ILG-RML Document 26 Filed 02/08/17 Page 1 of 6 PageID #: 134 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------x ROBERTO
More informationCase 2:16-cv JHS Document 16 Filed 07/12/17 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA OPINION
Case 2:16-cv-05042-JHS Document 16 Filed 07/12/17 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA FRANLOGIC SCOUT DEVELOPMENT, LLC, et al., v. Petitioners, CIVIL
More informationLinda James, v. McDonald's Corporation Readers were referred to this case on page 630
Linda James, v. McDonald's Corporation Readers were referred to this case on page 630 Linda James, v. McDonald's Corporation. 417 F.3d 672 U.S. Court of Appeals for the Seventh Circuit August 2, 2005 RIPPLE,
More informationCase: 1:16-cv Document #: 23 Filed: 08/22/16 Page 1 of 11 PageID #:148
Case: 1:16-cv-02127 Document #: 23 Filed: 08/22/16 Page 1 of 11 PageID #:148 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION CATHERINE GONZALEZ, ) ) Plaintiff,
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT WINCHESTER MEMORANDUM OPINION
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT WINCHESTER DAVID HARRIS, ) ) Plaintiff, ) ) v. ) No. 4:14-CV-0046 ) Phillips/Lee TD AMERITRADE, INC., ) ) Defendant. ) MEMORANDUM OPINION Defendant
More informationIN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION HANCOCK MEDICAL CENTER PLAINTIFF
Hancock Medical Center v. Quorum Health Resources, LLC Doc. 34 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION HANCOCK MEDICAL CENTER PLAINTIFF v. CIVIL NO.:
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Case:-cv-000-LHK Document Filed0// Page of 0 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Cz 00 ALEXANDER LIU, individually and on behalf of all others similarly situated,
More informationCase 2:15-cv JNP-EJF Document 53 Filed 06/02/16 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH
Case 2:15-cv-00435-JNP-EJF Document 53 Filed 06/02/16 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH FRANKLIN TEMPLETON BANK & TRUST, v. Plaintiff, GERALD M. BUTLER, JR. FAMILY TRUST,
More informationARBITRATION: CHALLENGES TO A MOTION TO COMPEL
ARBITRATION: CHALLENGES TO A MOTION TO COMPEL TARA L. SOHLMAN 214.712.9563 Tara.Sohlman@cooperscully.com 2019 This paper and/or presentation provides information on general legal issues. I is not intended
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT PILOT CATASTROPHE SERVICES, INC., NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant,
More informationCase 2:08-cv JLL-CCC Document 46 Filed 10/23/2009 Page 1 of 13 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
Case 2:08-cv-04143-JLL-CCC Document 46 Filed 10/23/2009 Page 1 of 13 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY THOMASON AUTO GROUP, LLC, v. Plaintiff, Civil Action No.: 08-4143
More informationSUPREME COURT OF THE UNITED STATES
Cite as: 561 U. S. (2010) 1 NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA INTRODUCTION
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA KAREN MACKALL, v. Plaintiff, HEALTHSOURCE GLOBAL STAFFING, INC., Defendant. Case No. -cv-0-who ORDER DENYING MOTION TO COMPEL ARBITRATION Re:
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION RAMI K. KARZON, ) ) Plaintiff, ) ) vs. ) Case No. 4:13-CV-2202 (CEJ) ) AT&T, INC., d/b/a Southwestern Bell ) Telephone Company,
More informationCase 1:16-cv JPO Document 75 Filed 09/16/16 Page 1 of 11 X : : : : : : : : : : : : : : : : : : : X. Plaintiffs,
Case 116-cv-03852-JPO Document 75 Filed 09/16/16 Page 1 of 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------- COMCAST CORPORATION,
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No D. C. Docket No CV-WCO-1. versus
[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 06-15516 D. C. Docket No. 05-03315-CV-WCO-1 FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT SEPTEMBER 4, 2007 THOMAS K. KAHN CLERK
More informationCase 5:18-cv BLF Document 45 Filed 09/11/18 Page 1 of 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Case :-cv-00-blf Document Filed 0// Page of UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION MEGAN TAYLOR, Plaintiff, v. SHUTTERFLY, INC., Defendant. Case No. -cv-00-blf ORDER
More informationBuckeye Check Cashing, Inc. v. Cardegna*
RECENT DEVELOPMENTS Buckeye Check Cashing, Inc. v. Cardegna* I. INTRODUCTION In a decision that lends further credence to the old adage that consumers should always beware of the small print, the United
More informationCase 1:08-cv Document 44 Filed 03/23/2009 Page 1 of 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
Case 1:08-cv-03009 Document 44 Filed 03/23/2009 Page 1 of 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION KENNETH THOMAS, ) ) Plaintiff, ) ) v. ) No. 08 C 3009 ) AMERICAN
More informationIN THE COURT OF APPEALS OF TENNESSEE AT JACKSON March 17, 2005 Session
IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON March 17, 2005 Session ARLEN WHISENANT v. BILL HEARD CHEVROLET, INC. A Direct Appeal from the Chancery Court for Shelby County No. CH-03-0589-2 The Honorable
More informationLet's Make A Deal: What You Need to Know About Drafting and Enforcing Arbitration Agreements. April 15, 2015
Let's Make A Deal: What You Need to Know About Drafting and Enforcing Arbitration Agreements April 15, 2015 What Types of Disputes Are Arbitrable? Nearly any type of claim arising out of any contractual
More informationCase 2:16-cv JNP Document 179 Filed 03/05/19 Page 1 of 8
Case 2:16-cv-00832-JNP Document 179 Filed 03/05/19 Page 1 of 8 Milo Steven Marsden (Utah State Bar No. 4879) Michael Thomson (Utah State Bar No. 9707) Sarah Goldberg (Utah State Bar No. 13222) John J.
More informationCase 8:15-cv JLS-JCG Document 150 Filed 07/25/17 Page 1 of 8 Page ID #:2177 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Case 8:15-cv-01329-JLS-JCG Document 150 Filed 07/25/17 Page 1 of 8 Page ID #:2177 Present: Honorable JOSEPHINE L. STATON, UNITED STATES DISTRICT JUDGE Terry Guerrero Deputy Clerk ATTORNEYS PRESENT FOR
More informationCaudill v Can Capital, Inc NY Slip Op 30008(U) January 3, 2017 Supreme Court, New York County Docket Number: /2016 Judge: Eileen A.
Caudill v Can Capital, Inc. 2017 NY Slip Op 30008(U) January 3, 2017 Supreme Court, New York County Docket Number: 653837/2016 Judge: Eileen A. Rakower Cases posted with a "30000" identifier, i.e., 2013
More informationUNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MICHELLE RICHARDS, on behalf of herself and others similarly situated and on behalf of the general public, Plaintiff-Appellee, v. ERNST
More informationCase 4:17-cv Document 10 Filed in TXSD on 04/13/17 Page 1 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
Case 4:17-cv-01044 Document 10 Filed in TXSD on 04/13/17 Page 1 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION GEMINI INSURANCE COMPANY, Plaintiff, VS. CIVIL ACTION NO.
More informationCase 2:13-cv DBP Document 2 Filed 06/21/13 Page 1 of 10
Case 2:13-cv-00521-DBP Document 2 Filed 06/21/13 Page 1 of 10 Peggy Hunt (Utah State Bar No. 6060) Chris Martinez (Utah State Bar No. 11152) Jeffrey M. Armington (Utah State Bar No. 14050) DORSEY & WHITNEY
More informationCase 1:16-cv ARR-RLM Document 34 Filed 10/31/16 Page 1 of 7 PageID #: 438
Case 116-cv-01185-ARR-RLM Document 34 Filed 10/31/16 Page 1 of 7 PageID # 438 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------------------
More informationCase 2:13-cv DAK Document 2 Filed 06/19/13 Page 1 of 10
Case 2:13-cv-00506-DAK Document 2 Filed 06/19/13 Page 1 of 10 Peggy Hunt (Utah State Bar No. 6060) Chris Martinez (Utah State Bar No. 11152) Jeffrey M. Armington (Utah State Bar No. 14050) DORSEY & WHITNEY
More informationUNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
Case 3:11-cv-06209-AET -LHG Document 11 Filed 12/12/11 Page 1 of 7 PageID: 274 NOT FOR PUBLICATION UNITY CONSTRUCTION SERVICES, INC., UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY v. Petitioner,
More informationCase 2:13-cv CW Document 2 Filed 06/24/13 Page 1 of 11
Case 2:13-cv-00580-CW Document 2 Filed 06/24/13 Page 1 of 11 Peggy Hunt (Utah State Bar No. 6060) Chris Martinez (Utah State Bar No. 11152) Jeffrey M. Armington (Utah State Bar No. 14050) DORSEY & WHITNEY
More informationCase5:11-cv EJD Document43 Filed02/01/12 Page1 of 12 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Case:-cv-000-EJD Document Filed0/0/ Page of 0 ELIZABETH MOORE LAUGHLIN, Individually and on behalf of all others Similarly situated, v. Plaintiff, VMware, Inc., Defendant. This Action UNITED STATES DISTRICT
More informationCase Doc 1 Filed 10/30/14 Entered 10/30/14 16:52:05 Desc Main Document Page 1 of 18
Document Page 1 of 18 Peggy Hunt (Utah State Bar No. 6060) Milo Steven Marsden (Utah State Bar No. 4879) Nathan S. Seim (Utah State Bar No. 12654) DORSEY & WHITNEY LLP 136 South Main Street, Suite 1000
More informationSUPREME COURT OF THE UNITED STATES
Cite as: 563 U. S. (2011) 1 SUPREME COURT OF THE UNITED STATES No. 09 893 AT&T MOBILITY LLC, PETITIONER v. VINCENT CONCEPCION ET UX. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE
More informationIN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION O R D E R
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION C AND E, INC., individually and on behalf of all persons or entities similarly situated, Plaintiff, vs. CV 107-12
More informationCase 1:14-cv RBJ Document 24 Filed 11/19/14 USDC Colorado Page 1 of 12
Case 1:14-cv-00990-RBJ Document 24 Filed 11/19/14 USDC Colorado Page 1 of 12 Civil Action No 14-cv-00990-RBJ IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge R. Brooke Jackson RHONDA
More informationunconscionability and the unavailability of the forum, is not frivolous. In Inetianbor
Case 4:14-cv-00024-HLM Document 30-1 Filed 05/09/14 Page 1 of 11 JOSHUA PARNELL, Plaintiff, v. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ROME DIVISION WESTERN SKY FINANCIAL,
More informationCase 2:16-cv MMB Document 36 Filed 07/21/16 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Case 2:16-cv-00573-MMB Document 36 Filed 07/21/16 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ALI RAZAK, KENAN SABANI, KHALDOUN CHERDOUD v. CIVIL ACTION NO.
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ) ) ) ) ) ) ) ) )
CHAMBLISS v. DARDEN RESTAURANTS INC. Doc. 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION STACEY CHAMBLISS, vs. Plaintiff, DARDEN RESTAURANTS, INC., d/b/a THE OLIVE GARDEN,
More informationCase 1:15-cv KBF Document 42 Filed 02/03/16 Page 1 of 7 X : : : : : : : : : : : : : : X
Case 115-cv-09605-KBF Document 42 Filed 02/03/16 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------- LAI CHAN, HUI
More informationCase 5:15-md LHK Document 417 Filed 11/24/15 Page 1 of 9
Case :-md-0-lhk Document Filed // Page of 0 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 0 IN RE ANTHEM, INC. DATA BREACH LITIGATION Y. MICHAEL SMILOW and JESSICA KATZ,
More informationCase 1:14-cv LJO-MJS Document 19 Filed 05/01/14 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Case 1:1-cv-000-LJO-MJS Document 1 Filed 0/01/1 Page 1 of UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1 MIGUEL DELGADO, v. Plaintiff, PROGRESS FINANCIAL COMPANY, dba PROGRESO FINANCIERO,
More informationIN THE SUPREME COURT OF TEXAS
IN THE SUPREME COURT OF TEXAS 444444444444 NO. 08-0238 444444444444 IN RE INTERNATIONAL PROFIT ASSOCIATES, INC.; INTERNATIONAL TAX ADVISORS, INC.; AND IPA ADVISORY AND INTERMEDIARY SERVICES, LLC, RELATORS
More informationUNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE
Case :-cv-00-rsl Document Filed 0/0/ Page of 0 0 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) JOSEPH BASTIDA, et al., ) Case No. C-RSL ) Plaintiffs, ) v. ) ) NATIONAL HOLDINGS
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA
CASE 0:12-cv-00269-MJD-FLN Document 10 Filed 02/28/12 Page 1 of 12 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA R.J. ZAYED, in his capacity as court ) appointed receiver for the Estates of
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Case :0-cv-0-WQH -NLS Document Filed 0// Page of 0 CHINMAX MEDICAL SYSTEMS INC., a Chinese Corporation, vs. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Plaintiff, ALERE SAN DIEGO, INC.
More informationSUPREME COURT OF ALABAMA
REL:06/05/2015 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate
More informationCase 1:16-cv GJQ-PJG ECF No. 106 filed 08/28/17 PageID.794 Page 1 of 8
Case 1:16-cv-00100-GJQ-PJG ECF No. 106 filed 08/28/17 PageID.794 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TIERRA VERDE ESCAPE, LLC, TOW DEVELOPMENT,
More information